VIJAY THAPA Vs. STATE OF UTTARANCHAL (UTTARAKHAND)

JUDGEMENT

(1.) THIS appeal, under Section 374 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure .), is directed against the judgment and order dated 13.7.2001/17.7.2001 passed by Additional Sessions Judge/ First Fast Track Court, Dehradun in Sessions Trial No. 43 of 1990, whereby the said Court has convicted accused -Appellant Vijay Thapa under Sections 302 & 307 Indian Penal Code, 1860 (for short IPC). The Appellant has been sentenced by the trial court to imprisonment for life and directed to pay fine of Rs. 2,000/ - under Section 302 IPC. He has been further sentenced to rigorous imprisonment for a period of 10 years and directed to pay fine of Rs. 2,000/ - under Section 307 IPC.

(2.) HEARD learned Counsel for the parties, and perused the lower court record.

(3.) THE Chief Judicial Magistrate on receipt of the charge -sheet, after giving necessary copies to the accused, as required under Section 207 Code of Criminal Procedure., appears to have committed the case to the Court of Sessions for trial. On 11.6.1999, the trial court, after hearing the parties, framed charge of offences punishable under Section 302 and 307 IPC against accused Vijay Thapa, who pleaded not guilty and claimed to be tried. On this, prosecution got examined PW1 Vidya Devi (informant and eye witness), PW2 Constable Suresh Chandra who prepared the Check First Information Report and made an entry in the General Diary, PW3 Yogesh Ghai (injured eye witness), PW4 Head Constable Kuwar Pal Singh who witnessed the arrest of accused and the recovery made from him, PW5 Dr. Ajay Ghai who medically examined Binder @ Devendar @ Virendra on 26.12.1998 at Doon Hospital at the time of admission of the patient and prepared injury report of both the injured of this incident in the hospital, PW6 Dr. C. M. Tyagi who conducted post mortem examination on dead body of Binder @ Devendar @ Virendra, PW7 Smt. Asha Devi (widow of the deceased and eye witness), PW8 Dr. J. P. Ghildiyal who proved the Bed Head Ticket relating to the deceased, PW9 Smt. Sumitra who reached at the place of incident immediately after incident, PW10 Shyam Lal (declared hostile), PW11 Bhagwan Singh (in whose presence blood stained soil and simple soil was taken by the police), PW12 Sub Inspector Jawahar Lal who started investigation, PW13 Sub Inspector Basudev Singh who prepared inquest report and PW14 Sub Inspector Dinesh Chander Thapaliyal who completed the investigation and submitted charge - sheet. The oral and documentary evidence was put to the accused under Section 313 Code of Criminal Procedure In reply to which he pleaded that he has falsely been implicated in the crime. However no evidence in defense was adduced. The trial court after hearing the parties found that prosecution has successfully proved the charge of offences punishable under Sections 302 and 307 IPC against accused Vijay Thapa. After hearing on sentence the trial court sentenced the convict to imprisonment for life and directed to pay fine of Rs. 2000/ - under Section 302 IPC, and rigorous imprisonment for a period of 10 years and directed to pay fine of Rs. 2,000/ - under Section 307 IPC. Aggrieved by said judgment and order dated 13.7.2001/17.7.2001 this appeal is preferred by the convict.